Village of Spring Lake, MI
Ottawa County
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Table of Contents
Table of Contents
A. 
No lot, adjacent lots in common ownership, required yard, parking area or other required open space shall be created, divided or reduced in dimensions or area below the minimum requirements of this chapter. If already less than the minimum requirements of this chapter, a lot or adjacent lots in common ownership or a required yard, parking area or other open space shall not be divided or reduced in dimensions or area so as to increase its noncompliance with the minimum requirements of this chapter. Lots or yards created after the effective date of this chapter shall comply with the requirements of this chapter.
B. 
Accessory buildings or structures, including, but not limited to, porches enclosed by walls, or garages, attached to a dwelling unit or other main building in a substantial manner, such as by a wall or roof, shall be deemed a part of such main building, for the purpose of determining compliance with the provisions of this chapter concerning required yards.
A. 
Certain architectural features, such as cornices, eaves, gutters, chimneys, pilasters and similar features may project:
(1) 
No further than three feet into a required front yard;
(2) 
No further than five feet into a required rear yard; and
(3) 
No further than two feet into a required side yard.
B. 
An enclosed stoop, deck, balcony or window awning may project no further than eight feet into a required front yard, and no further than 15 feet into a required rear yard. Projection of such building appurtenances into a required side yard shall be prohibited. In no case shall a balcony, stoop, deck or awning be placed closer than five feet to any front or rear lot line, with the exception of the CBD Zoning District.
The building height restrictions of all zoning districts shall be subject to the following exceptions: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, silos, stacks, stage towers and scenery lofts, water tanks, public monuments, church spires, and penthouses or roof structures housing necessary mechanical appurtenances.
[Amended 11-13-2006 by Ord. No. 294; 12-17-2012 by Ord. No. 331]
Unless otherwise stated in this section, fence, walls and screens shall require a land use permit issued by the Zoning Administrator.
A. 
In all zoning districts, fences must comply with the following requirements:
(1) 
No fence, wall or screen shall be erected within any public right-of-way.
(2) 
No fence, wall or screen or planting of any material shall be erected or maintained in such a way as to obstruct the vision of vehicle drivers within the triangular area formed by the intersection of the street right-of-way lines and a line connecting two points located on those intersecting right-of-way lines 25 feet from the point of intersection with the right-of-way lines. (See Figure 7.)
Figure 7 Clear Vision Area
 
390 Fig 7 Clear Vision Area.tif
(3) 
The use of electric current or charge on any fence or part thereof is prohibited.
(4) 
No fence shall have any spikes or sharp points.
(5) 
Unless otherwise approved by the Planning Commission, all fences shall be constructed of typical or traditional fencing materials, including, but may not be limited to wood or composite wood planks, aluminum, wrought iron, chain link and polyvinyl.
B. 
Fences within the SFR-A, SFR-B, MFR-A and MFR-B Zoning Districts shall comply with the following requirements:
(1) 
Unless specifically authorized elsewhere in this chapter, no fence, wall or screen located within the required front yard shall exceed a height of 3 1/2 feet, or be in excess of forty-nine-percent solid or impervious.
(a) 
Where the front yards for existing main buildings in the vicinity of, and in the same zoning district as, a subject lot are less than the required front yard for the zoning district of the subject lot, the fence, wall or screen located within the front yard for the subject lot shall be the average of existing main buildings on the same side of the street and entirely or partially within 200 feet of the side lot lines of the subject lot, subject to Subsection B(1)(b) and (c) below.
(b) 
The reduction permitted in Subsection B(1)(a) above shall only be permitted if there are two or more lots occupied by main buildings within the area described in Subsection B(1)(a) above, for computing the average front yard.
(c) 
Unless specifically authorized elsewhere in this chapter, no fence, wall or screen located within the required side yard or required rear yard in any zoning district shall exceed a height of six feet, except if the lot abuts or is directly adjacent to the water. No fence, wall, or screen located within the required side yard or required rear yard of a waterfront lot in any zoning district shall exceed a height of four feet. Moreover, no such fence, wall, or screen shall be a solid barrier which completely obstructs view; rather, any such fence, wall, or screen shall allow at least seventy-five-percent visibility through the fence, wall, or screen.
C. 
Fences within the C, EED, CBD, CBD-1, O and P Zoning Districts shall have an ornamental character as well as a utilitarian function. All fences shall comply with the following requirements:
(1) 
Fencing is only permitted for the screening of parking areas and to accent or define landscaped areas. In all cases, fencing is only permitted when adjacent at least five feet of landscaped area.
390 Fences 1.tif
(2) 
Unless specifically authorized elsewhere in this chapter, no fence, wall or screen located within any yard shall exceed a height of four feet or be in excess of forty-nine-percent solid or impervious.
(3) 
Where a commercial district abuts a residential district, a six-foot-tall solid fence may be permitted when located along a shared side and/or rear lot line.
(4) 
Unless otherwise approved by the Commission, fences shall be constructed of wood, composite wood, rigid vinyl, wrought iron or aluminum. Chain-link fences are prohibited.
390 Fences 2.tif
D. 
Fences within the I Zoning District shall comply with the following requirements:
(1) 
No fence, wall or screen shall exceed a height of eight feet.
(2) 
Use of barbed wire on any fence shall be permitted, but in no instance shall barbed wire be placed at a height less than 5 1/2 feet above grade. Use of sharpened metal tape on any fence is prohibited.
A. 
Any lot created after the effective date of this chapter shall have frontage upon a public street right-of-way or legally recorded access easement at least 24 feet in width.
B. 
Access driveways located on access easements or on a flagpole portion of a lot shall be surfaced with a durable pavement having an asphalt or cement binder and be constructed in width according to the following schedule:
Driveways serving:
Required pavement width:
1 to 8 dwelling units
15 feet
9 or more dwelling units
Roadways shall be constructed in accordance with Ottawa County Road Commission specifications for local streets
Commercial lot or use
20 feet
Industrial lot or use
24 feet
A. 
Except in the CBD (Central Business) Zoning District, mechanical appurtenances, such as blowers, ventilating fans and air-conditioning units, shall be placed not closer than 12 feet to any lot line.
B. 
Any mechanical appurtenances, including elevator housings, stairways, tanks, heating, ventilation and air-conditioning equipment, and other similar apparatus, located on the roof of any building shall comply with the following standards:
(1) 
Such apparatus shall be enclosed in a screening structure having walls constructed of material compatible in appearance with the main building to which it is attached.
(2) 
The apparatus and enclosure shall not exceed a height of 10 feet above the surrounding roof surface, and shall not occupy greater than 15% of the total area of the roof of the building on which it is placed.
The erection, construction, alteration or maintenance of essential public services shall be permitted in any zoning district; it being the intention thereof to exempt such erection, construction, alteration or maintenance from the application of this chapter.
A. 
Except as is provided in Subsection C, no unwholesome substance shall be deposited, dumped or accumulated by any person on any place or premises, private or public, situated in the Village, unless such place or premises is a landfill fully licensed as required by law for the receipt and disposal of the unwholesome substance or unless the unwholesome substance is completely shielded from public view and view from adjoining properties by being housed within a building or structure or by being enclosed by a fence; provided, however, that any such fence shall be erected and maintained in compliance with this chapter and any other applicable Village ordinance.
B. 
As used in this section only, those terms which appear below are defined as follows:
BUILDING MATERIAL
All items used or useful in the construction of a building or structure including, but not limited to, lumber, bricks, concrete blocks, cinder blocks, plumbing materials, electrical wiring and equipment, heating ducts and equipment, shingles, mortar, concrete, cement, sand and gravel.
INOPERABLE VEHICLE
Any vehicle which lacks any or all of the necessary component parts to make it operative and serviceable and/or which is not currently licensed, to the extent required, for use upon the highways of the State of Michigan.
JUNK
Parts of machinery, vehicles or boats, used stoves or other appliances, plumbing fixtures, furniture stored in the open, iron, steel and other ferrous or nonferrous materials, batteries, remnants of wood, and, in general, any other cast-off material of any kind, whether or not the same could be put to any reasonable use.
MOTOR VEHICLE BODY
Any motor vehicle which is:
(1) 
Unable to be driven upon a highway under its own power and/or which lacks all of the necessary component parts to make it operative and serviceable as a motor vehicle; or
(2) 
Not currently licensed for use upon the highways of the State of Michigan.
TRASH
All of the following:
(1) 
Garbage, i.e., all organic refuse and rejected food waste;
(2) 
Ashes, i.e., the residue left from burning of paper, leaves, weeds, wood and coal;
(3) 
Kitchen rubbish, i.e., all types of food containers and wrappings, including cans, bottles, jars, broken glass, crockery, paper and wood boxes, and metal objects;
(4) 
Household rubbish, i.e., all types of household materials commonly discarded such as newspapers, magazines, books, wrappings, cartons, boxes, crates, excelsior, rags, clothing, bedding, floor covering, wallpaper, leather objects and sweepings; and
(5) 
Yard rubbish, i.e., all materials which grow on the property such as grass clippings, weeds, leaves, plants, garden trash, clippings from hedges and shrubs, branches, limbs, roots and stumps.
UNWHOLESOME SUBSTANCE
Any trash, motor vehicle body, inoperable vehicle, stone, junk, offal, refuse, rubbish, debris, animal wastes, filth, building material [unless i) there is in force a valid building permit for construction on the property where the building materials are located and building materials are to be used as part of that construction; or ii) the building materials are for sale as part of a commercial business], inoperable boat, or any other material which constitutes a threat or menace to the health, safety, or general welfare of the public.
C. 
Notwithstanding Subsection A above, it shall not be unlawful to deposit grass clippings, weeds, leaves, plants, garden trash, clippings from hedges and shrubs and other yard debris and products adjacent to the street right-of-way at any time after 6:00 p.m. local time on the day preceding a scheduled garbage pick up or collection by a garbage carrier licensed to pick up garbage in the Village pursuant to Chapter 300, Solid Waste, of the Code of the Village of Spring Lake, or a Village-sponsored brush, leaf or trash pickup. Grass clippings, weeds, leaves, plants, garden trash, clippings from hedges and shrubs and other yard debris and products to be collected by licensed waste haulers, shall be enclosed or boxed in such a manner to prevent the debris and products from dispersing, scattering or littering in any manner whatsoever. Such debris and products shall be contained in disposable plastic bags and containers only and shall not be housed in any permanent container or can. Materials to be picked up as part of a Village-sponsored program shall be placed adjacent to the street in the manner specified by the Village.
D. 
Notwithstanding the provisions of Subsections A and B above, it shall not be unlawful to establish and maintain on the premises of a residential use facilities for the organic decomposition or composting of yard rubbish and vegetable food waste, provided the following conditions are met:
(1) 
Accumulation of materials for composting shall not be permitted in a front or side yard.
(2) 
No materials not generated by or originating from the premises on which the composting is conducted shall be permitted.
(3) 
The volume of material accumulated for composting on a single premises shall not exceed eight cubic yards.
(4) 
Materials to be composted shall not be located within three feet of a side or rear lot line.
(5) 
No products of animal origin, including meat, fat, grease or bones, or any human or animal excrement, shall be included in any material to be composted.
(6) 
Materials accumulated for composting shall be treated and handled in a manner to prevent the creation of noxious or offensive odors beyond the premises, or the harboring of rodents or other animal pests.
A. 
Parking of recreational vehicles may be permitted in the required front yard provided the following restrictions are met:
(1) 
Unless parked or stored in a completely enclosed garage, all recreational vehicles shall be stored or parked so that they are no closer than 17 feet to the edge of the traveled portion of any street.
(2) 
Notwithstanding the requirements of Subsection A(1), above, no recreational vehicle shall be parked so as to block any public sidewalk.
(3) 
Recreational vehicles parked or stored in a front yard shall be parked or stored in a designated driveway, the width of which shall not exceed at any point 1/3 of the lot width, or 20 feet, whichever is greater.
B. 
In the case of a waterfront lot, recreational vehicles shall be parked or stored no closer than 20 feet to the shoreline.
C. 
Recreational vehicles parked in the side yard or rear yard shall be placed at least three feet from the lot line.
A. 
The carrying out of repair, restoration and maintenance procedure or projects on vehicles in any residential zoning district, when such work is not conducted entirely within the interior of the vehicle, shall be subject to the following limitations:
(1) 
Procedures or projects exceeding 48 hours in duration or which require the vehicle to be immobile or inoperable in excess of 48 hours shall be carried out within a garage.
(2) 
Inoperable vehicles and vehicle parts shall be stored inside a building.
B. 
It shall be unlawful for the owner, tenant or lessee of any lot in any residential zoning district to permit the open storage or parking outside of a building of semi-tractor trucks and/or semitrailers, bulldozers, earth carriers, cranes or any other similar equipment or machinery, unless parked thereon while in use in construction being conducted on such lot.
A. 
The use of any portion of the basement of a partially completed building, or any garage or accessory building for dwelling or sleeping purposes in any zoning district is prohibited.
B. 
Recreational vehicles, camping trailers or tents may be used for living purposes when accessory to an existing single- or two-family dwelling unit. Such use shall only be permitted for a seven-day period and for no more than one such period in any 30 consecutive days.
A. 
Every person owning land on which there is located a swimming pool, spa, hot tub, or similar device (below ground or aboveground) which contains 24 inches or more of water in depth at any point, shall erect and maintain thereon a fence or enclosure approved by the Building Inspector surrounding the device sufficient to make such device inaccessible to small children. Such fence or enclosure, including the gates, shall not be less than four feet or greater than six feet above grade. All gates shall be self-latching with latches placed no less than four feet above grade or otherwise made inaccessible from the outside to small children.
B. 
Swimming pools, spas, hot tubs and similar devices two feet or less above grade at any point shall not be located less than four feet from any lot line.
C. 
Swimming pools, spas, hot tubs and similar devices in excess of two feet above grade at any point shall not be located less than 10 feet from any lot line.
D. 
Swimming pools, spas, hot tubs and similar devices shall not be located in any front yard.
Radio or television antennas or towers, including satellite dish antennas and transmission or reception antennas below 300 watts of output, erected or installed in any residential zoning district shall comply with the following requirements:
A. 
Placement.
(1) 
An antenna or tower, with the exception of a satellite dish antenna, shall be located only in a side or rear yard. A satellite dish antenna shall be located only in a rear yard.
(2) 
No portion of an antenna, including a satellite dish antenna, shall be located closer than five feet, measured on a horizontal plane, from any side or rear lot line.
(3) 
A satellite dish antenna located in a yard fronting on a public street shall be screened from such street by a greenbelt.
B. 
Height.
(1) 
The height of an antenna, with the exception of a satellite dish antenna, shall not exceed 50 feet above mean grade in any residential zoning district, and shall not exceed 100 feet above mean grade in any other zoning district.
(2) 
The height of a satellite dish antenna, including any platform or structure upon which the antenna is mounted, shall not exceed 15 feet above mean grade.
(3) 
Notwithstanding the above, a satellite dish antenna having a diameter of 24 inches or less may be attached to the roof of a building, provided that no portion of the satellite dish antenna extends more than 36 inches above the highest point of the roof.
C. 
General provisions.
(1) 
The installation of an antenna, including a satellite dish antenna, shall require issuance of a building permit prior to erection.
(2) 
No advertising or identification display shall be placed on any portion of an antenna or tower, including a satellite dish antenna.
(3) 
No more than one antenna, including a satellite dish antenna, shall be located on the same lot as a main building. Antennas are permitted only in connection with, incidental to on the same lot as a main use or building.
No lot may contain more than one main building or use, excepting groups of multiple-family dwellings or retail business buildings or other groups of buildings the Zoning Administrator deems to be a main use collectively.
A. 
Accessory uses and buildings are permitted only in connection with, incidental to and on the same lot with a main use or building which is permitted in the particular zoning district.
B. 
An accessory use or building must be in the same zoning district as the main use on a lot.
C. 
No accessory use or building shall be occupied or utilized unless the main structure to which it is accessory is occupied or utilized. No accessory building or use may be placed on a lot without a main use or building.
D. 
Accessory buildings shall not be erected in any required side yard, unless located a minimum of 75 feet from the front lot line, or except as permitted in Article VII, Waterfront Overlay District. All accessory uses and buildings combined shall cover no more than 30% of the required rear yard. No accessory building shall be constructed within any front yard.
E. 
No detached accessory building shall be located closer than three feet to any main building, street right-of-way, or any side or rear lot line.
F. 
When the main building on a lot includes an attached garage, the following provisions shall apply:
(1) 
No more than two detached accessory buildings shall be permitted.
(2) 
The total gross floor area of all detached accessory buildings shall not exceed 300 square feet.
G. 
When the main building on a lot does not include an attached garage, the following provisions shall apply:
(1) 
No more than three detached accessory buildings shall be permitted.
(2) 
The total gross floor area of all detached accessory buildings, exclusive of one detached garage, shall not exceed 300 square feet.
(3) 
The gross floor area of any single detached accessory building, exclusive of one detached garage, shall not exceed 150 square feet.
(4) 
No detached garage shall exceed 650 square feet in gross floor area.
H. 
The maximum building height of any detached accessory building shall be 14 feet.
Any single-family dwelling, whether constructed and erected on a lot or a manufactured home, shall be permitted only if it complies with all of the following requirements:
A. 
If the dwelling unit is a mobile home, the mobile home must either be:
(1) 
New and certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated; or
(2) 
Used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in Subsection A(1) above, and found, on inspection by the Building Inspector or his designee, to be in excellent condition and safe and fit for residential occupancy.
B. 
The dwelling unit shall comply with all applicable building, electrical, plumbing, fire, energy and other similar codes which are or may be adopted by the Village; provided, however, that where a dwelling unit is required by law to comply with any federal or state standards or regulations for construction, and where such standards or regulations for construction are different than those imposed by the Village codes, then and in such event such federal or state standard or regulations shall apply. Appropriate evidence of compliance with such standards or regulations shall be provided to the Building Inspector.
C. 
The dwelling unit shall comply with all restrictions and requirements of this chapter, including, without limitation, the minimum lot area, minimum lot width, minimum residential floor area, required yard and maximum building height requirements of the zoning district in which it is located.
D. 
If the dwelling unit is a mobile home, the mobile home shall be installed with the wheels removed.
E. 
The dwelling unit shall be firmly attached to a permanent continuous foundation constructed on the building site, such foundation to have a wall of the same perimeter dimensions as the dwelling unit and to be constructed of such materials and type as required by the building code for on-site constructed single-family dwellings. If the dwelling unit is a mobile home, its foundation shall fully enclose the chassis, undercarriage and towing mechanism.
F. 
If the dwelling unit is a mobile home, it shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the building site by an anchoring system or device complying with the rules and regulations, as amended, of the Michigan Mobile Home Commission, or any similar or successor agency having regulatory responsibility for mobile home parks.
G. 
The dwelling unit shall have a minimum horizontal dimension across any front, side, or rear elevation of 20 feet.
H. 
Storage area within a building with an area of no less than 120 square feet shall be provided. This storage area may consist of a basement, closet area, attic or attached garage in a main building, or in a detached accessory building which is in compliance with all other applicable provisions of this chapter pertaining to accessory buildings.
I. 
Permanently attached steps or porch areas at least three feet in width shall be provided where there is an elevation difference of greater than eight inches between the first floor entry of the dwelling unit and the adjacent grade.
J. 
[1]The exterior finish of the dwelling unit shall not cause reflection that is greater than that from siding coated with clean, white, gloss exterior enamel.
[1]
Editor's Note: Former Subsection J, regarding the pitch of the main roof, was repealed 5-16-2016 by Ord. No. 345, which ordinance also provided for the renumbering of Subsections K, L, and M as Subsections J, K and L, respectively.
K. 
The dwelling unit shall be so placed on the lot that portions nearest the principal street frontage are at least 30 feet in dimension parallel to the street.
L. 
The dwelling unit shall have no less than two exterior doors, with one being in either the rear or side of the dwelling unit.
A. 
No more than one dock per dwelling unit shall be permitted for single-family dwellings and two-family dwellings.
B. 
No more than one boat slip per dwelling unit shall be permitted for multiple-family dwellings.
C. 
Boat docks and boat slips shall be used only by persons residing on the premises or their guests, and shall not be leased, rented or otherwise used for compensation except in conjunction with the lease or rental of the dwelling unit on the same lot, unless approved as a private or public marina as a special land use, pursuant to Article XXV.
A. 
Intent. Upon the adoption of this chapter or subsequent amendments, there may exist lots, structures, and uses of land and structures which were lawful prior to the adoption of this chapter, or amendment thereto, but which are not in conformance with the provisions of this chapter, or amendment thereto. It is the intent of this chapter to permit these nonconforming lots, structures, and uses to continue, but not to encourage their prolonged existence. Because nonconforming lots, structures and uses, so long as they exist, prevent the full realization of the goals and objectives of the Village of Spring Lake Land Use Plan, the spirit of this chapter is to reduce, rather than increase, such nonconformance.
B. 
Nonconforming lots.
(1) 
In any zoning district, notwithstanding limitations imposed by other provisions of this chapter, where an existing lot of record, which does not abut any other lot or lots of record in the same ownership, fails to meet the requirements for minimum lot area, minimum lot width, or both, of the zoning district in which it is located, such lot may be used for the permitted uses of the zoning district, provided that the requirements not involving lot area, lot width, or both, of the zoning district in which such lot is located are complied with.
(2) 
In any zoning district, where two or more abutting lots of record in the same ownership do not, when considered individually, meet the requirements for minimum lot area, minimum lot width, or both, of the zoning district in which the lots are located, such lots shall be combined and considered as one lot for the purposes of this chapter, including Subsection B(1), above.
C. 
Nonconforming uses of land. The lawful use of any land, not involving a building or structure, existing and lawful on the effective date of this chapter, or amendment thereto, may be continued even though such use does not conform with the provisions of this chapter, or amendment thereto, subject to the following provisions:
(1) 
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this chapter, or amendment thereto.
(2) 
No such nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use on the effective date of this chapter, or amendment thereto.
(3) 
If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the requirements of this chapter. Seasonal uses of land, such as boat storage, shall be excepted from this provision.
D. 
Nonconforming structures. Structures, including buildings, which are existing and lawful on the effective date of this chapter, or amendment thereto, may be continued, even though such structure does not conform with the provisions of this chapter, or amendment thereto, subject to the following provisions:
(1) 
No nonconforming structure may be enlarged or altered in a way which increases its nonconformity with the provisions of this chapter, unless authorized by the Planning Commission, following a public hearing held in accordance with the procedures for approval of a special land use contained in Article XXV. In authorizing such enlargement or alteration, the Planning Commission shall consider the following:
(a) 
Whether the proposed enlargement or alteration will change the essential character of the area.
(b) 
Whether the proposed enlargement or alteration will have an adverse impact on adjoining property or the general welfare of the Village, by reason of its nonconformity with the provisions of this chapter.
(c) 
Whether there are reasonable and practical alternative means to achieving the desired enlargement or alteration in a manner which does not increase the degree of nonconformity of the structure with the provisions of this chapter.
(2) 
Restoration of damaged nonconforming structures.
(a) 
In the event that any nonconforming structure shall be damaged, by any means or in any manner, to the extent that the cost of reconstruction or restoration exceeds 1/2 the value of such structure prior to the damaging occurrence, as determined by the most recent assessment of the market value of the structure, exclusive of the market value of the land, for purposes of taxation, such reconstruction or restoration shall only be permitted in conformity with the provisions of this chapter.
(b) 
In the event that any nonconforming structure shall be damaged, by any means or in any manner, to the extent that the cost of reconstruction or restoration is equal to or less than 1/2 the value of such structure prior to the damaging occurrence, as determined by the most recent assessment of the market value of the structure, exclusive of the market value of the land, for purposes of taxation, such reconstruction or restoration shall be permitted, providing a building permit for such reconstruction or restoration is issued within one year of the occurrence of such damage.
(3) 
If any nonconforming structure is altered or modified so as to eliminate, remove or lessen any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be later re-established or increased.
E. 
Nonconforming use of structures. The lawful use of any structure existing and lawful on the effective date of this chapter, or amendment thereto, may be continued, even though such use does not conform with the provisions of this chapter, or amendment thereto, subject to the following provisions:
(1) 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of this chapter, or amendment thereto, but no such use shall be extended to occupy any land outside such building.
(2) 
No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located.
(3) 
If a structure which conforms with the provisions of this chapter, but which is occupied by a nonconforming use, is damaged by any means or in any manner to the extent that the cost of reconstruction or restoration exceeds 1/2 the value of such structure prior to the damaging occurrence, as determined by the most recent assessment of the market value of the structure, excluding the value of land, for purposes of taxation, such structure may be reconstructed or restored only if its use conforms with the provisions of this chapter.
(4) 
If a nonconforming use of any structure is terminated and replaced by a permitted use, such nonconforming use shall not be later reestablished.
(5) 
When a nonconforming use of a structure or structure and land in combination, is discontinued or abandoned for six consecutive months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.
(6) 
Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(7) 
A nonconforming use of a structure may be changed to another nonconforming use, subject to the prior approval of the Board of Appeals. The Board may approve such change only if it complies with all of the following standards:
(a) 
The proposed use does not substantially differ from the existing use in terms of compatibility with the character of the area in which it is located.
(b) 
The proposed use does not increase the degree of nonconformity existing prior to such change of use.
(c) 
No structural alteration of the existing structure will be required to accommodate the new use.
F. 
Repairs and maintenance.
(1) 
On any structure devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the structure, provided that the structure is not enlarged, extended, moved, or structurally altered.
(2) 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
G. 
Structures under construction. Any structure on which actual construction was lawfully begun prior to the effective date of this chapter, or amendment thereto, shall be considered existing and lawful. Nothing in this chapter shall be deemed to require any change in the plans, construction or use of such structure. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to reconstruction, such demolition or removal shall be deemed actual construction.
A. 
Where the front yards for existing main buildings in the vicinity of, and in the same zoning district as, a subject lot are less than the required front yard for the zoning district of the subject lot, the required front yard for the subject lot shall be the average front yard of existing main buildings on the same side of the street and entirely or partially within 200 feet of the side lot lines of the subject lot, subject to Subsections B and C, below.
B. 
The front yard reduction permitted in Subsection A, above, shall only be permitted if there are two or more lots occupied by main buildings within the area described in Subsection A, above for computing the average front yard.
C. 
In no case shall the required front yard resulting from the application of Subsections A and B, above be less than 15 feet.
Temporary buildings and structures, including trailers, incidental to construction work on a lot, may be placed on such a lot, subject to the following restrictions:
A. 
Temporary buildings and structures may only be used for the storage of construction materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation facilities, related to construction activity on the same lot. No temporary building or structure shall be used as a dwelling unit.
B. 
The placement of temporary buildings and structures shall be in conformance with the requirements of Article XX. A building permit for such building or structure shall be issued by the Building Inspector prior to installation.
C. 
Temporary buildings and structures shall be removed from the lot within 15 days after an occupancy permit is issued by the Building Inspector for the permanent structure on such lot, or within 15 days after the expiration of a building permit issued for construction on such lot.
Following the initiation of the construction, erection, reconstruction, modification, expansion or enlargement of any building or other structure authorized under the provisions of this chapter, completion of such work shall be diligently pursued and completed in a timely manner. Unless otherwise specified as a condition of approval of a site plan, special land use, planned unit development or waterfront development by the Planning Commission or Council, any construction authorized under the provisions of this chapter shall be completed within one year from the date of issuance of a building permit for such construction.
A. 
The keeping of household pets, including dogs, cats, fish, birds, hamsters and other animals generally regarded as household pets is permitted as an accessory use in any residential zoning district. However, no more than three dogs or cats, six months of age or older, in any combination thereof, shall be kept or housed in or at one dwelling unit.
B. 
The keeping of animals not normally considered household pets, including, but not limited to, horses, pigs, sheep, cattle, poultry, reptiles and wild animals, is prohibited in all zoning districts.
The Planning Commission or Council may withhold granting of approval of any use, site plan, PUD plan or other approval required by this chapter pending approvals which may be required by state or federal agencies or department.
[Amended 1-19-2009 by Ord. No. 308]
All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, and the other provisions of this section with regard to public notification.
A. 
Responsibility. When the provisions of this chapter or the Michigan Zoning Enabling Act require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the Village of Spring Lake and mailed or delivered as provided in this section.
B. 
Content. All mail, personal and newspaper notices for public hearings shall:
(1) 
Describe nature of the request. Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.
(2) 
Location. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.
(3) 
When and where the request will be considered. Indicate the date, time and place of the public hearing(s).
(4) 
Written comments. Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.
(5) 
Handicap access. Information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.
C. 
Personal and mailed notice.
(1) 
General. When the provisions of this chapter or state law require that personal or mailed notice be provided, notice shall be provided to:
(a) 
The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.
(b) 
Except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request and to the occupants of all structures within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the Village of Spring Lake. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
(c) 
All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to § 390-31E below, Registration to receive notice by mail.
(d) 
Other governmental units or infrastructure agencies within one week of the property involved in the application.
(2) 
Notice by mail/affidavit. Notice shall be deemed mailed by its deposit during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.
D. 
Timing of notice. Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, or this chapter where applicable, notice of a public hearing shall be provided as follows:
(1) 
For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal, or ordinance interpretation: not less than 15 days before the date the application will be considered for approval.
(2) 
For any other public hearing required by this chapter: not less than 15 days before the date the application will be considered for approval.
E. 
Registration to receive notice by mail.
(1) 
General. Any neighborhood organization, public utility company, railroad or any other person may register with the Zoning Administrator to receive written notice of all applications for development approval pursuant to § 390-31C(1)(c), personal and mailed notice, or written notice of all applications for development approval within the zoning district in which they are located. The Zoning Administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.
(2) 
Requirements. The requesting party must provide the Zoning Administrator information on an official form to ensure notification can be made. All registered persons must register biannually to continue to receive notification pursuant to this section.
[Amended 6-26-2009 by Ord. No. 312]
A. 
No building shall be demolished until a permit has been obtained from the Building Inspector who shall be authorized to require a performance bond in any amount not to exceed $1,000 for each 1,000 square feet or fraction thereof of floor area of the building to be demolished. That bond shall be conditioned on the applicant completing the demolition within such reasonable period as shall be prescribed in the permit and complying with such regulations as to health and safety as the Building Inspector may prescribe, from time to time, including filling of excavations and proper termination of utility connections. If the building is safely demolished and the site cleaned as specified in the permit, then the bond shall be returned within 30 days of completion of the demolition. If the demolition is not accomplished according to the terms of the approval, then the Village shall access the performance bond and use the money to restore the site to a safe and stable condition. Costs in excess of the bond shall be charged back to the property owner and placed as a lien on the property if not paid in a timely fashion.
B. 
Structures shall be demolished in such a manner as to avoid hazards to persons and property, interference with the use of adjacent buildings, and interruption of free passage to and from such buildings.
C. 
During the demolition of any building or structure the work shall be kept thoroughly wetted down to prevent the spread of dust. The owner or contractor shall provide water and necessary connections therefore. The Building Inspector may require construction of a suitable fence around the work site where conditions indicate that the safety of the public requires such fence.
D. 
All buildings and structures to be demolished shall be completely razed and all materials shall be removed from the site and disposed of in accordance with all applicable laws and regulations. All materials, including, without limitation, every installation, part of a building or accessory building or other improvement on the premises, whether above or below grade, shall be completely removed from the site. No part of any basement or infrastructure below grade shall remain.
E. 
The premises shall be cleared of all debris and components of the building or structure, and the site filled, leveled and seeded within seven days of completion of the demolition.
[Amended 6-26-2009 by Ord. No. 312]
A. 
No existing building or structure of any type or kind shall be moved into the Village or moved from one lot in the Village to another lot in the Village unless authorized by a special use permit approved by the Planning Commission, after the Building Inspector has evaluated the building or structure in question and submitted a written report thereon to the Planning Commission. In considering the granting of such authorization, the following standards shall be considered:
(1) 
The type and kind of construction of the existing building or structure in relation to its strength and whether or not said building or structure may be a fire hazard.
(2) 
Whether or not the type and age of the building or structure to be moved is in keeping with the type and age of such buildings and structures which are adjoining and in the neighborhood surrounding the lot to which the building or structure is to be moved.
(3) 
Whether or not the type and kind of materials used in the construction of the building or structure to be moved relate to or are in keeping with the type and kind of materials used in the construction of other buildings and structures adjoining and in the neighborhood surrounding the lot to which the building or structure is to be moved.
B. 
Following Planning Commission approval, a building permit shall be obtained prior to moving and relocating the building or structure.
(1) 
The relocated building or structure shall comply with all the requirements of the zoning district in which the relocation site is located.
(2) 
The building to be relocated shall be inspected, at the expense of the applicant, by the Building, Electrical, Mechanical, and Plumbing Inspectors prior to being moved to verify that the building meets all the current Michigan Construction Code requirements. If any code violations or deficiencies are found during the inspection, the building must be brought into compliance prior to occupancy.
C. 
The permit holder shall be responsible to pay for all costs incurred by the Village which are attributable to the building relocation.
D. 
The premises from which the building or structure is moved shall be cleared of all debris and components of the building or structure as required in § 390-32D, and the site filled, leveled, and seeded within seven days of the building or structure relocation.
E. 
The Village may require a performance bond to ensure against damage to Village roads or public property, to cover the costs expected to be incurred by the Village attributable to the building relocation, and to provide for timely completion of the relocation of the building and site restoration of the previous site.
F. 
The applicant shall notify in writing all property owners and occupants along the proposed relocation route regarding the time of the move, route, and approximate times of street blockages, trees proposed to be trimmed or removed, and times of the interruption of services such as electric service, phone service, and cable TV and Internet connections. Such notice shall be given a minimum of 48 hours in advance of the proposed move. The applicant shall provide a list to the Village of the owners and occupants notified.
G. 
As part of the application for a special use permit, the applicant shall provide a projected timetable for the move including the following:
(1) 
Primary date and rain date of the move.
(2) 
Site restoration of the original building location.
(3) 
Schedule of construction on the new building site.
(4) 
Date final occupancy of the building will occur.
[Amended 6-26-2009 by Ord. No. 312]
A. 
Land filling, mining, and other land-form contour changes to create a buildable area or to remove or stockpile topsoil, sand or earth shall not be undertaken, except in conformance with the requirements of this chapter and applicable county, state, and federal requirements. No person shall undertake any activity such as grading, clearing, cutting, and filling, excavating, or tree removal in preparation for a use or structure which requires site plan review and approval until the proposed use or structure is authorized by a development permit.
B. 
Any excavation or foundation to be left open overnight and/or for more than 24 hours must be fenced to prevent endangerment of life or property.
[Amended 6-26-2009 by Ord. No. 312]
A. 
Intent and purpose: To create and maintain safe nighttime environments for both pedestrians and drivers on public and privately owned roadways and rights-of-way, by minimizing brightly lighted surfaces and lighting glare, to preserve the restful quality of nighttime, by eliminating intrusive, artificial light and lighting that unnecessarily contributes to "sky glow," and to reduce light pollution from lighting luminaires and light trespass onto adjacent properties. The following requirements shall be considered by the Planning Commission and Zoning Administrator in the review of all site plans submitted for approval under the terms of this chapter.
B. 
General standards.
(1) 
Regulated lighting. All exterior lighting shall be regulated by this section, including, but not limited to the following types:
(a) 
Parking lot lighting and site lighting for commercial, industrial and institutional developments.
(b) 
Canopy lighting.
(c) 
Multiple-family development parking lot lighting and site lighting.
(d) 
Privately owned roadway lighting.
(e) 
Building facade lighting.
(f) 
Residential yard lights.
(g) 
Other forms of outdoor lighting which, in the judgment of the Zoning Administrator, or, at his discretion, the Planning Commission, are similar in character, luminosity and/or glare to the foregoing.
(2) 
Lighting plan. The following information must be included for all site plan submissions and where site plan approval is not required, some or all of the items may be required by the Zoning Administrator prior to lighting installation:
(a) 
A site plan drawn to a scale of one inch equaling no more than 30 feet showing the buildings, landscaping, parking and service areas, and location and type of all proposed outdoor lighting.
(b) 
Analyses and luminance level diagrams showing that the proposed installation conforms to the lighting level standards in this article. Diagrams shall indicate illumination levels at ground level based on no greater than a twenty-five-foot on-center grid and shall project 25 feet onto adjacent properties or to the setback limit line, whichever is greater. Illumination levels should also be measured for all surrounding streets at the public right-of-way.
(c) 
Specifications for all proposed lighting fixtures, including mounting heights, photometric data, designation as Illumination Engineering Society of North America (IESNA) "cutoff" fixtures, Color Rendering Index (CRI) of all lamps (bulbs), and other descriptive information on the fixtures.
(d) 
The lighting plan shall provide a design for illuminations in accordance with this section.
(3) 
Standards. All exterior lighting, including freestanding, canopy, pole and building mounted, shall be fully shielded and directed downward to prevent off-site glare. Lighting shall be designed and constructed to meet the following standards:
(a) 
Lighting design shall ensure that direct or directly reflected light is confined to the development site and pedestrian pathways.
(b) 
Lamps and luminaires shall be shielded, hooded and/or louvered to provide a glare free area beyond the property line and beyond any public right-of-way, and so the light source is not directly visible from beyond the boundary of the site.
(c) 
Canopy lighting shall be fully recessed.
(d) 
The light from any illuminated source shall be designed so that the light intensity or brightness shall not exceed 10 footcandles within any part of the site and one footcandle at any property line, except where the property abuts a residential district or use where a maximum of 0.5 footcandle is permitted.
(e) 
All light fixtures, including building mounted fixtures, shall be full cutoff fixtures as defined by IESNA and shall have one-hundred-percent cutoff above the horizontal plane at the lowest part of the point light source. The light rays may not be emitted by the installed fixture at angles above the horizontal plane.
(f) 
No light fixture may be mounted higher than 20 feet above the average grade of the site, except for approved outdoor recreation area lighting.
(g) 
Outdoor recreation area lighting may use standard color metal halide sources and standard sports lighting fixtures if they are mounted at a sufficient height and properly equipped with baffling, glare guards or lenses to meet the requirements of this section. Outdoor recreation area lighting requires site plan approval by the Planning Commission.
(h) 
There shall be no lighting of a blinking, flashing, or fluttering nature, including changes in light intensity, brightness or color.
(i) 
Beacon, strobe, and search lights, laser light sources or any similar high-intensity lights for outdoor advertisement or entertainment are prohibited.
(j) 
No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.
(k) 
On-site lighting shall be the minimum necessary to comply with Michigan Building Code requirements for safe egress. Parking lot lighting shall not be operational after business hours. Limited security lighting is permitted.
(l) 
Unshielded floodlights are prohibited.
(4) 
Exempted areas and types. The following types of outdoor lighting are exempt from the provisions of this section, provided that such lighting uses a one-hundred-watt or less incandescent bulb and except where such lighting creates a hazard or nuisance from glare or spill light:
(a) 
Residential decorative lighting such as porch lights, low-level lawn lights and special seasonal lights such as Christmas decorations and similar lighting associated with single-family detached housing.
(b) 
Sign lighting as regulated in Article XXII hereof.
(c) 
Lighting necessary for road or utility construction or emergencies.
(d) 
Streetlights located within a public right-of-way.
(e) 
Lighting for a permitted temporary event such as a circus, fair, carnival, or civic event.
390 Lighting.tif
390 Lighting Unaccep and Accep.tif
[Added 3-27-2019 by Ord. No. 355]
A. 
Marihuana establishments, as authorized by and defined in the Michigan Regulation and Taxation of Marihuana Act[1] (the "Act"), are prohibited in all zoning districts, and shall not be permitted as home occupations under Article V of this chapter.
[1]
Editor's Note: See MCLA § 333.27951 et seq.
B. 
No use that constitutes or purports to be a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter or any other type of marihuana related business authorized by the Act, that was engaged in prior to the enactment of this section, shall be deemed to have been a legally established use under the provisions of the Code; that use shall not be entitled to claim legal nonconforming status.
C. 
Violations of this section are subject to the violations and penalties pursuant to § 390-216 of this chapter.
D. 
This section does not supersede rights and obligations with respect to the transportation of marihuana by marihuana secure transporters through the Village to the extent provided by the Act, and does not supersede rights and the regulations under Article V of this chapter with respect to medical marihuana facilities established pursuant to the Michigan Medical Marihuana Act.[2]
[2]
Editor's Note: See MCLA § 333.26421 et seq.